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DV & MH Flashcards

1
Q

MHA Examination Authority

A
  • Made by mental health tribunal after application by doctor or AMHP
  • Recommendation for full psychiatric assessment leading to treatment authority
  • Doctor with police assistance may exercise powers such as enter a place, detain and transport
  • Authority for 7 days
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2
Q

MHA Power of entry

A
  • Identify yourself to person
  • Tell them EA has been made
  • Explain generally the nature and effect of EA
  • Give copy of EA if requested
  • Give opportunity to allow entry without force
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3
Q

Proceedings of criminal charges of person with mental illness

A
  • Either, take action to have persons mental health assessed first or complete investigation and commence proceedings first
  • Allow person to speak with support person before questioning and
  • Ensure support person is present during questioning
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4
Q

PHA Emergency Examination Authority EEA

A
  • Officer reasonably believes that persons is at immediate risk of self harm and
  • The risk appears to be a result of a major disturbance and
  • The person appears to require urgent examination or treatment and care
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5
Q

Safeguards under PHA EEA

A
  • Explain to person they are being detained and transported and effect it may have
  • Immediately make EEA for person in approved form
  • Give completed EEA to health service employee
  • Detained for up to 6 hours—can be extended to 12
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6
Q

Define relevant relationship (DV)

A
  • Intimate personal—spouse, former spouse, de facto, parents of a child
  • Family—relative, siblings, in-laws, child, aunt/uncle etc.
  • Informal care— one person is dependant on the other for help in daily living (not commercial)
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7
Q

PPRA s.609 Entry of a place to prevent offence, injury or domestic violence

A
  • Police officer reasonably suspects
  • Offence, injury or DV occurring
  • Lawful to enter, stay for time reasonably necessary, give or arrange help to any person at place
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8
Q

Circumstances when police must issue Police Protection Notice PPN

A
  • Resp. committed DV
  • Resp. taken into custody
  • Not practicable to bring resp. before court
  • TPO not been made
  • Release conditions do not apply
  • No cross order in existence
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9
Q

Effect of PPN on relevant parties

A
  • Resp directed to remain at or move to place to serve PPN not more than 2 hours
  • In force until hearing of DV01
  • Resp to comply with conditions: good behaviour towards agg. And not expose any child to DV
  • Other conditions include no contact order, 24 cool down, ouster and return (entering/attempting to enter premises
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10
Q

Application for Protection Order DV01

A
  • After PPN served or resp. given release conditions or application of TPO
  • PPN in effect until resp. served with DV01
  • Resp direction to stay/remain for up to 1 hour to serve DV01
  • Requires resp to not commit DV and not expose child to DV
  • Duration of 5 years
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11
Q

Temporary Protection Order TPO

A
  • Provides protection for agg after more serious DV incident
  • When DVO/PPN cross order exists
  • Not reasonable or practical to bring resp before court while still in custody and date of hearing is more than 5 business days after released
  • Inconsistent to family law court order apply for TPO
  • Duration until final hearing for DV01
  • Same conditions as DV01
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12
Q

Variation of DV01 Protection Order

A
  • Variation for conditions, duration, persons named
  • If officer believes varying order would enhance the safety, protection and wellbeing of aggrieved/named persons, sufficient evidence to do so and the resp is properly notified
  • DVO cannot be revoked
  • Resp. does not need to be present in court but needs to be served with variation
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13
Q

Taken into custody for DV

A
  • If resp committed DV and another person is in danger of injury and/or property is in danger of being damaged
  • Duration—4 hours: if resp brought before court while still in custody and no order given or DV01 prepared with release conditions or application for TPO granted
  • Duration—8 hours: can be extended if resp intoxicated or to make arrangements for agg/child or resp behaviour is aggressive and continuing danger of injury or damage
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14
Q

Delivery of weapons after DV

A
  • Resp. must immediately deliver to police any weapons licence and weapons in their possession
  • Retain licence at station
  • Weapons not to be returned unless advised by Weapon Licencing. If not returned within 3 months weapon is disposed of
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15
Q

DV Other Action

A
  • Occurs when R/R exists and
  • No action taken due to insufficient evidence of DV
  • Police are to advise private DVO application and
  • Offer police referral
  • Must obtain approval from supervisor and create QPRIME DV occurrence
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16
Q

NO DV

A
  • When R/R exists but no DV occurred , seek approval and finalise as ‘Domestic Violence—No DV’
  • When one party claims R/R and other doesn’t, seek approval and treat as if the R/R does exist, finalise as ‘DV Relationship—No DV’
  • When R/R does not exist supervisor approval and DV occurrence not required
17
Q

DV incident & prosecution of offences against other Acts

A
  • When person in custody for DV, they are not to be questioned in relation to another offence
  • Depending on nature of DV, type and seriousness of offence and need to immediately investigate (prevent loss of evidence) - either deal with DV first or complete CC investigation first
  • When charged for a CC offence include wording ‘Domestic Violence offence’ at the end of the charge.
18
Q

DFVPA s.177 Contravention of Domestic Violence Order (without previous conviction)

A
  • Simple—Magistrates Court—1 year after complainants knowledge but within 2 years of commission of offence
  • Can take IDP
  • TDP
  • Respondent must not
  • Contravene
  • A domestic violence order
  • If resp present in court when made or resp served with copy or resp told by police order exists
19
Q

DFVPA s.177(2)(a) Contravention of DVO with prior conviction of DV offence in last 5 years

A
  • Indictable—Magistrates—1 year/2 year after commis-sion
  • Having convictions for contravene DVO/PPN or Release Conditions for any R/R or
  • Having convictions for offences that are DV related (CC offences)
  • IDP and take DNA (if no permanent profile exists)
20
Q

Alleging previous criminal history (DV)

A
  • If DVO in place and has prior conviction of DV offence in last 5 years
  • Comply with indictable safeguards
  • Complete ‘Notice of intention to allege previous conviction and attach copy to QP9
  • Serve of defendant before first court appearance
21
Q

DFVPA s.178 Contravention of PPN

A
  • Simple—Magistrates—12 month limitation
  • TDP
  • Respondent must not
  • Contravene PPN
  • While PPN is in force
22
Q

DFVPA s.179 Contravention of release conditions

A
  • Simple—Magistrates—12 month limitation
  • TDP
  • Respondent must not
  • Contravene a condition
  • On which resp. was released from custody
  • (choose relevant condition, if more than one applies, choose one only)

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